§ 1541. — Issuance without authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1541]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 75--PASSPORTS AND VISAS
Sec. 1541. Issuance without authority
Whoever, acting or claiming to act in any office or capacity under
the United States, or a State, without lawful authority grants, issues,
or verifies any passport or other instrument in the nature of a passport
to or for any person whomsoever; or
Whoever, being a consular officer authorized to grant, issue, or
verify passports, knowingly and willfully grants, issues, or verifies
any such passport to or for any person not owing allegiance, to the
United States, whether a citizen or not--
Shall be fined under this title, imprisoned not more than 25 years
(if the offense was committed to facilitate an act of international
terrorism (as defined in section 2331 of this title)), 20 years (if the
offense was committed to facilitate a drug trafficking crime (as defined
in section 929(a) of this title)), 10 years (in the case of the first or
second such offense, if the offense was not committed to facilitate such
an act of international terrorism or a drug trafficking crime), or 15
years (in the case of any other offense), or both.
For purposes of this section, the term ``State'' means a State of
the United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
(June 25, 1948, ch. 645, 62 Stat. 771; Pub. L. 103-322, title XIII,
Sec. 130009(a)(1), title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108
Stat. 2030, 2147; Pub. L. 104-208, div. C, title II, Sec. 211(a)(2),
Sept. 30, 1996, 110 Stat. 3009-569; Pub. L. 104-294, title VI,
Sec. 607(n), Oct. 11, 1996, 110 Stat. 3512; Pub. L. 107-273, div. B,
title IV, Sec. 4002(a)(3), Nov. 2, 2002, 116 Stat. 1806.)
Historical and Revision Notes
Based on section 219 of title 22, U.S.C., 1940 ed., Foreign
Relations and Intercourse (R.S. 4078; June 14, 1902, ch. 1088, Sec. 3,
32 Stat. 386).
The venue provision, which followed the punishment provisions, was
omitted as covered by section 3238 of this title.
Changes were made in phraseology.
Amendments
2002--Pub. L. 107-273 substituted ``to facilitate'' for ``to
facility'' in third par.
1996--Pub. L. 104-294, Sec. 607(n)(1), struck out ``or possession''
after ``or a State'' in first par.
Pub. L. 104-294, Sec. 607(n)(2), added last par. defining ``State''
for purposes of this section.
Pub. L. 104-208 substituted ``imprisoned not more than 25 years (if
the offense was committed to facilitate an act of international
terrorism (as defined in section 2331 of this title)), 20 years (if the
offense was committed to facilitate a drug trafficking crime (as defined
in section 929(a) of this title)), 10 years (in the case of the first or
second such offense, if the offense was not committed to facility such
an act of international terrorism or a drug trafficking crime), or 15
years (in the case of any other offense)'' for ``imprisoned not more
than 10 years'' in third par.
1994--Pub. L. 103-322, Sec. 330016(1)(G), which directed the
amendment of this section by substituting ``under this title'' for ``not
more than $500'', could not be executed because the words ``not more
than $500'' did not appear in text subsequent to amendment by Pub. L.
103-322, Sec. 130009(a)(1). See below.
Pub. L. 103-322, Sec. 130009(a)(1), substituted ``under this title,
imprisoned not more than 10 years'' for ``not more than $500 or
imprisoned not more than one year'' in last par.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-208 applicable with respect to offenses
occurring on or after Sept. 30, 1996, see section 211(c) of Pub. L. 104-
208, set out as a note under section 1028 of this title.
Section Referred to in Other Sections
This section is referred to in sections 982, 2516, 3291 of this
title.
